South Africa, - PDF document

Codssioner South Africa, Thy l9Ol was decided that Swaziland the Transvaal tlie to be Administration and, subsequently, from January 1902, by tne Secretary for irative Affairs. On the 25th June suffrance and other lawful means, power and jurisdiction in Swaziland. The Governor of the Transvaal was granted all His I~lajesty's jurisdiction within revenues collected Swaziland were be paid into expenditure incurred the provisions the Order was to be paid out of the tne Straziland Adminixtration Proclamation the Transvaal were mutatis nutandis, as applicable, were to Transvaal, and inposed the Transvaal dischazging the Transvaal specially appointed Swaziland, to all intents asid purposes, was well on tine way to incorporation by the Transvaal. IIo~,rever, 1st December expenditure of to be Transvaal Colonial Treasurer, important of all wholly divorced except that Surveyor General of a temporary measure, is from the Council of practical purposes, became a British protected constitutional status vis-bvis British Crown remained undefined and uncertain the time of Swazi legal asld not, however, unduly worry British Government, whose officials addressed themselves real of the immediately confronted with ni&immishly conflrsed subject of their concessions thaught should be done, and the Swazisl view of what should concessions of wmte Sir Eramis de Winton February 1890, "is probably without a parsllel. There are many instances where native rulers have given rights to individuals and to corporations, but in Swaziland the late King [Ebandzeni] have parted not their actual rights which should a country, adventurers whose sole make money them." The concessions were trading concessions, connected with land "These were every variety One,for a concession concessionsl" concessions connected with agricultural rights, rights, water rights, ri&ts; class consisted Private Revenue granted in 1889 by King I"man&eni to one John Harrington in respect of all the King's private revenues. In return the Sw&zi of £12,000 per annum, (which was duly Court which inquired into initial legal validity of concessions in 1890-1893) later passed into the hands South African Government, because of its control Swaziland gain accordingly continued pay the khg his £12,000 per annum in monthly imtalments of £1,000, until the outbreak of the Boer War (1899-1902), when payments ceased. On 16th February 1905, however, by Proclamation No. 2, Inrd Ivlilner Private Revenue Concession all rents, under it form revenue of The cancellation of concession subsequently formed subject of bitterness between send a deputation lhgland to protest against the sunrmary and arbitrary action of the High Commissioner. deal with first class of concessions, i.e. the trading monopolies, Milner appointed a Co~rrmiasion Swaziland Concessions Commission, chairmanship of Johannes Smuts, thoroughly into values of recommendations which offended public expropriated with due compensation. The money expropriate these was the second class concessions connected with Selborne's words, gave anxiety asad perplexityI1.(4) of 1890-93) "a lamentable sequelf1. (11) Lagden that there areas into could move order, the Swazi being given "the asswnption of direct control by His Majesty's give them the anywhere which white people are not admittedw. At the time the have it drilled into their heads Itthe parental attitude of Ilajesty(s active protection involves chief of which implicit obedience Swazi complain about Native Protectorates they would misdeeds, which compromised both themselves Government matter of concessions; or, in Lord Selbornels picturesque language, told bluntly "that they were only what Umbandine Swaziland Administration with the concessionaires which 51a1~, son of Mbandzeni uncle of Sobhwa 11, then the Regent of query whom of the protest against "We not know going under we are in great trouble under the Government we have alwa~rs before he South Africa, go such a aa concessionaires absolute freehold ri&ts of their land concessions native rights should 1.lilner that the result of leaving land concessions untouched disastrous natives ultimately He foresaw tlie native and tlie everywhere, giving mutual accusations of cattle rustling; the cattle would eat the mants crops; "when the native would go and pitch his kraal which some white some agricultural experiment1', such as the growing of cotton, or,even would build next door a rich lead of tin @;round covered by a native kraal quarrelling about sane scanty supply of All these led Milner native rights short, land guarantee Swazi occupation lilnerfs apportionment scheme Eumpean retain a his land Swai would no have any ri&t of freehold and immunity from native interference of the natives. Iililner~s scheme was designed to cause as little disturbance as possible to the Swazi, as it made no provision to aggregate all the native areas one large reserve or Altho* aspect of tlie of partition might have been accepted Swazi, however, concessionaires because establishment of "a great number of small reserves dotted about the countryn.(17) Milnerls Commission, whose members went to at the time Selbornets much opposition nativesW.(l8) concessionaires denounced operation", out that the whole their concessions all South policy whose was the ultimate establishment Milnerfs reasoning, British suprenacy could xmt secure unless it sunk into the soil of South African veldt, this political desideratum, Milnerls view, could be achieved only by the policy of setfling loyal "Britishersgl Milner wanted insure danger of resembling Milner expounded his "The South Africa importance of attracting Loyal Population landq\ which he of the retrocession of ~rsssvaal) were not shattered Republics impossible as she did not create difficulties combined with and justice ... But however wisely these questions now, however well these future,it well competent Dutch in of the country districts as the ownem of the the therefore] of the country, is largely modified if not destroyed Englandls position in South Africa, and her trust and confidence in it reliable portion British Empire will adequate measures were taken settlers of to be "the strength of British rule South Africa, then whatever fabric reared, will howbeit a small and settlement since man's country1g purely native territory like Bechmnaland. Both Milner and his successor, Selborne, thought that "the whites would increase TransvaaJ. obtain Responsible Government, as Government of the that Swaziland would having been established for the natives, and that in the long run the natives only would suffer from the non-separation of their riets from those of the concessiona.ires".(28) light of Administration incumbent upon it to provide the Swazi with land, not because the Swazi deserving of such provision but because essential part of tidying up tangled affairs before it was Transvaal, British Administration one only The essential provisions of the land patition settled between Selborne, the Hi& Commissioner, and R. T. Coryndon, the Resident Commlssioner, Concessions Petition Proclamation of 28 proclamation made provision entirety, provided that unreasonable surface disturbance and historical importance chiefs) Holders of concessions which was more were have freehold titles exclusive use of Selbornels calculations, out of fifty- seven such thirty were or fifty renemble, ninety-nine years plus the right of renewal, and less than fifty-two were holder of - graaing, compensation up of the suitability of paid, the cost falling lowest character who employed bribery scruplet1 and had "allowed the ignorance betray them very doubtful character". not surprising, Coryndon, extraordinary education the Swazi had received during hzve left some mark upon the national character". (39) One of tine major lessons the Swazi Chiefs,and had received during years of their "extraordinary education" was an "extraordinary intrigue and diplomacy". (40) After the termination of the Anglo-Boer War (1899-1902) and the establishment of a full fledged 3ritish Regent had ethered the threads [of Swazi her own hands" since then "conducted with conspicuous ability and so that more than actual trouble been within distancel1.@1t is important that the Begent was no political upstart or novi~e political education was not gained entirely thou contact with the sew white civilization. prominent part since the death of lfiandzeni October 1889 and during the minority son, the Bunu. largely owing influence and intransigence that the Swazi National the Swaziland sending of the first to England (~2) high-ranking Government Comnissioner combined with natural intelligence made the formidable political when she she spoke with the voice and Iaandzeni King Bunu and was determined safeguard the patrimony of her 11. Regent was Iffalunge, was also very intelligent whom the Administration, without any tangible evidence, suspected of harbouring burning ambition to usurp Sobhuzats throne.@The power nucleus remarkable Vilakazi brotners especially the who was the Regent's the difficult task petitions to the of conducting all the Regentts Josiah Vilakazi was Swazi, Iiatal and educated at Edendale as a Tifesleyan Pkthodist. He was credited by Ihmick with being "very and of suspicion with liegent what was the Administration was concerned, was the fact that "Both Josiah and Nehemiah the names negmphilists to interest themselves businessll, ie.e the Swazist case against the concessionaires and the these people effective power Swaziland and who constituted what the Administration referred Party1'. Coryndon had his the truth confidential despatch to Lord "It has become to me that the personalities whose greater weight the remainder of tne Swazi clhiefs combined are the Ndl~lovukazi herself, I.lalunge, uncle of the boy Josiah Vilakazi blood but was born have exercised Swazi native affairs, their opinion represents will not almost complete any really national will find expression that Administration will deal directly Swasi people." (45) Neanwhile, the Administration might deplore the Swazi political status they had deal with the "Zombode Party", for it was that llpartyll which gave the wishes nation and the Administration would have been "diktat" of the well opposition of "Zombode Partyt1. the recourse cajolery, occasionally spiced firmness and the threat abandoning the Swazi their hated neighbours, the Boers of tne Transvaal. "Mbandini asked grazing and minerals that is not? not think anywhere if takes it While I was in England I was living in a house which belonged to a white man and was paying rent. If I had remained in Eng1a;nd it have Would Government come me and been paying our land is being taken reason." (53) "Government simply 'You are right.' ... What being taken away are tearing Mbandini sold land, did he think his going The Administration no very challenging questions, except Mbandzeni's improvidence a;nd to reject the Swazis' demands other rental which rental Selborne, Deputation of Swazi him his appointment Hi& would not right to say @;etting fruits of Mbandzenifs other things, that the point which Swazi strenuously objected to, "independence" late South African Republic, althou they were late Republic they were not British Government position of Transvaal Government, Government exercised Swaziland, and could legally They claimed, furthermore, and unaffected the late (1899-1902), them as they were Boers, treated similarly Natives of right of conquest of Transvaal into The Swazi grave issue of legal and constitutional status of Swaziland vis British Crown ultimus conveniently ignored theoretical issues that the Convention of 1894, had parted with their cherished "independence", altho* His Ihjesty's annexed Swaziland, of the "of the type approaches indefinitely nust their unoccupied lands thot not precisely Khama, Sebele & l3athoenl1. (59) The Swazist theoretically tenable but British Administration, with more sense than theoretical constitutional practice, The Swazi, justice from High Commissioner and Resident Commissioner, the 2nd 14ay 1907, a meeting the Resident Commissioner that the "give them the of the governmentts of view, Swazist request for a deputation to England administrative precedent, as t'nere was no lmoving in future would not demand deputations Fkgland This would undermine rule and authority of Straziland. (60) The Ei& Commissioner therefore strongly urged Secretary of send him "a really stiff wl.ifch Swazi Regent Council as Secretary of State and lZng,to the somersault and cane "reluctantly that a Swazi deputation seems inevitable that the wisest course get the evil much advantage from possiblett. The High even further than the Resident Commissioner was prepared for, whereas the Resident Commissioner Ehgland should be about land partition had been announced Swazi showed politically advantageous that permission not after the decision about land partition had been announced. that the deputation is to London", he argued, the decision about land partition received". collateral advantage the Administration the Swazi beforehand to "about nothing in particular" would exist the fact the Administration would avoid the allowing the Swazi special reference the land partition which their eyes special visit appeal" the decision a possibility which would resigned himself both himself shake the Swazi resolve iie his position of power could do to undermine the Swazfs' victory, informing the Secretary was only the deputation the strict that the sore subject of Revenue Concession Itor the land settlement grievance", to pay their respects Secretary of "as other native tribes have Selbornels despatch of 17 June 1907 the Colonial Office that the Francis ~opwood (later Lord ~outhborougb), the Colonies (1907-1911), think it a pity that Lord Selborne should we secure that deputation shall only complimentary? When arrives every grievance will be .l1 was inevitable, better come during the Parliamentary winter recess, "E?ut first place Selborne the extreme desirability possible, to see whether so." (72) El& convinced that there would "troublew if the worst came the coming of becane two evils, the deputation should come during the winter recess "a very meagre view of "The will welcome ~o[uth] Africa - or even a deputation. And there are alw~s M.Ps. the Aborigines negrophilists. He concurred the views of his subordinates tmt since it would be impossible the prevent the questions which the i.e. the Private appeals from Regent's Court to the Resident Commissioner~s Court, Lord Selborne should use his powers to stop tle deputation from coming to &gland. This was 14 August 1907.(74) the Colonial Office telegram of 14 August 1907, Selborne stated that was only "with great reluctance conclusion that the Swazi be allowed. Hi& fact, admitted that he means" the Swazi, as the Colonial said, were fully determined ic be in^ The land ours. (83) Special Commissioner and Administration were undeterred The Commissioner his report on 29 December 1908. twelve months the date Grey's partition The actual land allotted square miles out square miles little more he had his work well claimed that native reserves "necessarily selected the most fertile portions1', the most and The Commissioner roughly of Swaziland, Swaziland could be valued from its capacity to produce food and support human life, it would found that "the of the native area greater of the ma.y certainly have given the Swazi most valuable Special Commissioner Administration claimed, that advantage lost its over crow^ and oveB stocking (and the soil erosion) consequent on the removal of the Africans -fTom private land 14oreover, this advatas their evaluation of worth of anaZysis might prove productivity its vastness to expect injustice of the land ratios of they got (1/3) compared to that reserved for the European concessionaires and the Crown (2/3) - the greater empty land from which the Swazi removed between 1909 and 1914, of clearing settlement and Swaziland was destined to become a white man's not another Basutoland. future settlement colonization of a thriving vrhite community whose ultimate political llUnion of South Africa" land partition, and not protection of native rights land, although important variation founding a white native rights was used of the politics to humanitarians' obvious political that the less than square deal game of success^ pretence, employing some very striking language justify land when addressing Swazi subject on 14 IvIay 1909, the Hi& Colmnlssioner, that the land of Swaziland was like "a fair maiden whom Umbandine had married to two men" opinion, such state of affairs fraught with pave development of lll!ere could not husbands of thereforev1, he declared, "I of kindness mamelled at Ynis it was weight to claims of only legitimate llhusband" of a "fair maiden" and those of a furtive llloverll, and actually reward the "lover" for his successful bid to steal another man's llwife", puni.shhg the "husband" been made cuckold! ITo Swazi found were bitterly disappointed that Hi& Commissioner had failed to exercise his autocratic power to dismiss all the white concessionaires' claims to land and mortal enemy, King Cetshwayo, in the Amlo-Zulu Infar up their relations with "Sobhuza [I] never killed a white m, nor a white man's nor a man's Kafir. Uhwazi never killed his sheep, nor his Kafir. Ludonga the same and Urnbandine the same." (89) see much tried policy of peaceful co-existence now, even is not uncharitable alth- of militarism, militarist state whose prime d'Qtre was warfstring Ndebele, it fact of peat and political tlmilitarismtl always remained impressive shadow The Reverend Jacksoa of the Swazi: "They white men, domestic life they lazy cowardly, as well ... Had the the power they would be as insolent and oppressive as ever the Zulus were.@l (907 The failure Smi the deputation] Secretary of King redress Swazi grievances apportionment policies of Lord Selborne and Resident Codssioner tli.Isindazwew (~oryndon) not make Swazi Chiefs Svwi really challenged hnperial their land, "independence of the Swazi" argument they gave was done case and not with a view "noose" and llshacklestt of British imperialism What Swazi leaders was the political partnership Wch would concede role of "senior partner" British Administration l1 junior partnert1 scrutinize critically "senior partner". This, I tla, proper and legitinate to be ~~ick~s cryptically accurate statement when the Colonial Office "They [i.e. the Swazi chiefs] are ready and anxious to take all the benefits of protection, but are slow to give ay.thing in return". (91) The desire their own internal iizperial government kept foreign powers, Boers and dealt with all European land well nigh impossible them, as ~asutoland) wish of Swazi their nominal "sovereign independencetf, altho- the latter vras delicate balance of the Ikmrick was certainly right when he wmte to W. T. Stead apropos of the "independence of the Swazi Nationt1: ttYou bow as well as I do what the 'independence! where it mean, results of Urnbandine's lindependencel which are at the bottom of all the trouble to--.lt (92) The Swazisr was the "paternal governmenttt of the Iiigh Camnissioner The only other practical alternstive to that form of government that the themselves found odiously unpleasant as consideration. national survival and a real dismemberment of the Boer farmers and other disreputable land speculators weighed heavily with the Swazi once they advantage fmm reasonably possible without impair- their skilful maniyulation of political collaboration, position of power from which Governnent could not remove much political upheaval embarrassing political colleagues since cannot easily CO 417/457 - Selbome to Cntwe, 27 July 1908, f- Annual Report of the Resident Camiesiomm for the Yw 190748. !this Report ia also found as Colonial Report No. 596. -. CO 4L7/469 - Selborns to Crewe, dew. No. 7, .? Januarg 1909. &closure 1: Grey to Selbome, 5 Deoember 198. Ibid. I - IT W-- - Ibid. lrdlilsdm , . .='c ,m , !-' ,l Ibid. !- Bid. Ibid. - CO 4171~56 - Selborns to El&, 16 Mamh 1908. ~10mne 1: Ceryndon t~ Selborne, 7 IlIarch 1908, forwa;rding minutes of meeting held at Zombode on 6 1-h 1908. IUlner Pepera, Vol. XXTLII (c). Confidentfa1 Print (~raof/4233) - iIilner to mtelton, 18 January 1904. 14aa Mr. S.209 - Iegden Papers. mt of letter from Selborne to Elgin, n.d. CO 417/470 - selborns to Cm, 14 Juns 1309; Crewe to Belborne, 14 July 1909. Ibid. CO 417/456 - Selboxne to W, 27 Jmwxy 1908. Sub-enclosure in W. l.. CO 417/456 - Sellmm to W, 3 February 1908. Subenolom l in Ebcloeure in this deepsfch. Th5e gerveree feas of native reserves was not a peculiarie of the 3llecrtoza of Ibrmelo or of the Transvsal. The fol101.r- quotation ahows how wide- this fctss ww in South AFrica: '%lore eety PEKE is felt by mlnhtea?~ a~ to the ultimate result of confbmlng h pozpetulfy the basrier a&nat oivilla8tim arising fivrm the nur~ing of ba~barism in hmn~e looation6 uninfluenoed by tha presence of Eumpesns arrd under vexy slender aupervfsion . . ." CO ConFidonf iatl Print. African (south) lIeW HQ. 763 - Correspodenw re Delimfhtion of Natlm Locatione in Mu&mdj p. 116, Bo. 62. Governor Sir B. MoCs;lltm h X@telton, Canfid. No. 1, l6 Bkruasy 1905 - Etmlosum 2; G* If. &atton, Prime bW~ter, to Covemr, 15 Febnzarg 1905. Ibid. (52) Ihs Brit. &p. S.22 G.186 - Psnsonson to Fox-Bourne, 25 October 1905. (53) CO 417/456 - Selbone to ETgin, 16 March Eaclosure 1: Coryndon to Selborne, 7 krch 1908. Chief Yalunge was speaking after his return from England, where he had gone aa a member of t'ne Swazi deputation to protest against the partition. (54) Ibid. (55) :.Iss Brit. m. S.22 G.186 - Passonson to Fox-Bourne, (56) Ibid. (57) Ibid. (58) Ibid. (59) CO 417/440 - Selborne to R&. Telegram 17 August 1907; Liinutes officials, especially 31 August 1907. (60) CO 417/440 - Selborne to Elgin. Telegram, 13 I.&y (62) Ibid. BIinute by II. Lucas, 14 1.W 1907. (63) CO 417/470 - Selborne to Crewe, 22 May 1909; held at I-Ibabane on 15 May 1909. (64) CO 417/440 - Selborne to Secretary of State for Colonies, 17 June 1907, IU& Comuissioner, 6 June 1907. (65) Ibid. (66) Ibid. (67) CO 417/4-40 - Selborne to Secretary of State for Colonies, 17 June 1907, and enclosure Coryndon to High Commissioner, 6 June 1907. (68) Ibid. (69) Ibid. (70) Ibid. (71) Ibid. Plinute by Sir F. Hopwood, 3 August 1907. (72) Ibid. I+bute by H. W. Just, 1 August 1907. (73) Ibid. 14inute Ibid. CO High Cornmissioner, Telegram 14 August 1307. Ibid. High Conmissioner Secretary of Telegram 17 A-t 1907. (76) Ibid. (77) Ibid. (78) Ibid. 417/4~l - Selborne to Elgin, October 1907, enclosing 1907. (80) CO ~~17/456 - Selborne to Elgin, Confidential desp. 16 I'Iarch 1908, &closure 1: February 1908, forwarding ~~ick~s Report on the Swazi Deputation, dated 17 February 1908. (81) CO tl7/i'.lr) - High Connnissioner to Secretary of State, Telegmm 17 Awst 1907. (82) CO 417/4~1 - Selborne to Elgin, 2 September 1907. (83) CO 417/456 - Selborne to Elgin, 16.Pbrch 1908. Enclosure 1: Coryndon to Selborne, 7 1hh 1908, enclosing I{Ibabane on 6 IsTarch Underlining is P'Ia1ung-e was speaking after his return from England.) (84) CO 417/469 - Selborne to Crewe, ConfidentLal, 4 Januaq 1909,